Independent Police Complaints Commission - Investigations

Investigations

The vast majority of complaints are dealt with by the Professional Standards department of the police force the complaint is about. The IPCC's independent investigators investigate the most serious complaints, for example where someone has died following contact with the police.

There are a number of types of incidents that the police, or other agencies the IPCC oversees complaints for, must mandatorily refer to the Commission. These include deaths in police custody, shootings and fatal traffic incidents as well as allegations that an officer or member of police staff has committed a serious criminal offence.

Forces may also refer matters voluntarily to the IPCC and the Commission can 'call in' any matter where there might be serious public concern.

Once a matter has been referred, the IPCC will make a ‘mode of investigation’ decision to determine how it should be dealt with. This is done by caseworkers or investigators who submit an assessment to a Commissioner. The assessment will involve judging the available information and may mean IPCC investigators are sent to the scene.

The four modes of investigation are:

• Independent investigations carried out by the IPCC’s own investigators and overseen by an IPCC Commissioner. In an independent investigation, the IPCC investigators have all the powers of the police themselves.
• Managed investigations carried out by police Professional Standards Departments (PSDs), under the direction and control of the IPCC.
• Supervised investigations carried out by police PSDs, under their own direction and control. The IPCC will set the terms of reference for a supervised investigation and receive the investigation report when it is complete. Complainants have a right of appeal to the IPCC following a supervised investigation.
• Local investigations carried out entirely by police PSDs, or by other officers on their behalf. Complainants have a right of appeal to the IPCC following a local investigation.

Should new information emerge after a mode of investigation has been decided the IPCC can change the classification both up and down the scale.

IPCC Investigators are not police officers. However, IPCC investigators designated to undertake an investigation have all the powers and privileges of a police constable in relation to that investigation throughout England and Wales (Police Reform Act, 2002- Schedule 3, Paragraph 19). However, despite being established in April 2004, the first known use of these arrest powers was in 2007 when a former police officer was arrested in relation to allegations of sexual assault.